Employment Practice Group I December 1, 2023

NOM-037-STPS- 2023 on telework will enter into effect shortly

The NOM-037- STPS- 2023 on safety and health conditions for employees working from home, initially published on June 8th, 2023, will enter into force on December 8, 2023. It is important to revisit its terms to fully comply with same as the labor authorities will now begin to verify its compliance.

These guidelines are intended to prevent accidents and diseases related to the performance of work-related activities from home, in addition to promoting a healthy and safe environment for employees working from home. The NOM also establishes the obligation to have a Work From Home Policy, which must contemplate the mechanisms for protecting the employees and must be prepared by the employer.

The NOM establishes certain obligations for both the employer and the employee in addition to those established in the Federal Labor Law.

The most relevant provisions of the NOM are the following:

1. Employers must set forth in writing a work-from-home policy, which must establish the following:

• (a) mechanisms for remote workers to notify any changes in their address.
• (b) communication mechanisms to avoid isolation of remote workers.
• (c) clear work schedules, including rest periods.

2. The employer shall have an updated list of all employees working from home.

3. The employer shall have an initial and periodic checklist on remote work safety and health conditions to verify that the remote workplaces comply with the appropriate conditions.

4. The employer must provide the remote worker an ergonomic chair and the necessary office supplies for the performance of his duties such as computer, printers, paper, etc.

5. Likewise, the employer must have mechanisms for attention in cases of domestic violence that include the return of the employee to an in person setting, whether temporary or permanent.

6. The NOM also establishes obligations applicable to remote workers, including the obligation to comply with the employer’s remote work policy, comply with data and information protection policies and mechanisms, keep their work tools in good condition and report changes of address, among others.

NOM-037 will enter into effect on December 8, 2023, therefore employers have a few days left before labor authorities may verify its compliance.